On Tue, 20 Dec 2005 17:05:56 -0800, Mark Ferguson
<wa****ngton_resident@[EMAIL PROTECTED]
> wrote:
>On Tue, 20 Dec 2005 19:58:16 -0500, PSG
><spammezRspazzers@[EMAIL PROTECTED]
> wrote:
>
>>Mark Ferguson wrote:
>>
>>>> Condsidering the fact we're discussing communication between people
>>>> known to be associated with terrorists it seems a reasonable
assumption
>>>> that ****tion applies.
>>>
>>> Of course this applies to communications outside the US and non-us
>>> citizens. I posted the relevant section for US citizens in this
>>> thread. It kind of requires a warrant.
>>
>>No it doesn't.
>
>
>You're not that bright are you?
>
>§ 1801. Definitions
>
>(4) notwithstanding paragraphs (1), (2), and (3), with respect to any
>electronic surveillance approved pursuant to section 1802 (a) of this
>title, procedures that require that no contents of any communication
>to which a United States person is a party shall be disclosed,
>disseminated, or used for any purpose or retained for longer than 72
>hours unless a court order under section 1805 of this title is
>obtained or unless the Attorney General determines that the
>information indicates a threat of death or serious bodily harm to any
>person.
>
>Kind of mention US citizens here. Why all the puffery if the law was
>not broken by Bush?
TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1804
§ 1804. Applications for court orders
Release date: 2005-03-17
(a) Submission by Federal officer; approval of Attorney General;
contents
Each application for an order approving electronic surveillance under
this subchapter shall be made by a Federal officer in writing upon
oath or affirmation to a judge having jurisdiction under section 1803
of this title. Each application shall require the approval of the
Attorney General based upon his finding that it satisfies the criteria
and requirements of such application as set forth in this subchapter.
It shall include—
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Attorney General by the President
of the United States and the approval of the Attorney General to make
the application;
(3) the identity, if known, or a description of the target of the
electronic surveillance;
(4) a statement of the facts and cir***stances relied upon by the
applicant to justify his belief that—
(A) the target of the electronic surveillance is a foreign power or an
agent of a foreign power; and
(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used, by a
foreign power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a detailed description of the nature of the information sought and
the type of communications or activities to be subjected to the
surveillance;
(7) a certification or certifications by the Assistant to the
President for National Security Affairs or an executive branch
official or officials designated by the President from among those
executive officers employed in the area of national security or
defense and appointed by the President with the advice and consent of
the Senate—
(A) that the certifying official deems the information sought to be
foreign intelligence information;
(B) that a significant purpose of the surveillance is to obtain
foreign intelligence information;
(C) that such information cannot reasonably be obtained by normal
investigative techniques;
(D) that designates the type of foreign intelligence information being
sought according to the categories described in section 1801 (e) of
this title; and
(E) including a statement of the basis for the certification that—
(i) the information sought is the type of foreign intelligence
information designated; and
(ii) such information cannot reasonably be obtained by normal
investigative techniques;
(8) a statement of the means by which the surveillance will be
effected and a statement whether physical entry is required to effect
the surveillance;
(9) a statement of the facts concerning all previous applications that
have been made to any judge under this subchapter involving any of the
persons, facilities, or places specified in the application, and the
action taken on each previous application;
(10) a statement of the period of time for which the electronic
surveillance is required to be maintained, and if the nature of the
intelligence gathering is such that the approval of the use of
electronic surveillance under this subchapter should not automatically
terminate when the described type of information has first been
obtained, a description of facts sup****ting the belief that additional
information of the same type will be obtained thereafter; and
(11) whenever more than one electronic, mechanical or other
surveillance device is to be used with respect to a particular
proposed electronic surveillance, the coverage of the devices involved
and what minimization procedures apply to information acquired by each
device.
(b) Exclusion of certain information respecting foreign power targets
Whenever the target of the electronic surveillance is a foreign power,
as defined in section 1801 (a)(1), (2), or (3) of this title, and each
of the facilities or places at which the surveillance is directed is
owned, leased, or exclusively used by that foreign power, the
application need not contain the information required by paragraphs
(6), (7)(E), (8), and (11) of subsection (a) of this section, but
shall state whether physical entry is required to effect the
surveillance and shall contain such information about the surveillance
techniques and communications or other information concerning United
States persons likely to be obtained as may be necessary to *****s the
proposed minimization procedures.
(c) Additional affidavits or certifications
The Attorney General may require any other affidavit or certification
from any other officer in connection with the application.
(d) Additional information
The judge may require the applicant to furnish such other information
as may be necessary to make the determinations required by section
1805 of this title.
(e) Personal review by Attorney General
(1)
(A) Upon written request of the Director of the Federal Bureau of
Investigation, the Secretary of Defense, the Secretary of State, or
the Director of Central Intelligence, the Attorney General shall
personally review under subsection (a) of this section an application
under that subsection for a target described in section 1801 (b)(2) of
this title.
(B) Except when disabled or otherwise unavailable to make a request
referred to in subparagraph (A), an official referred to in that
subparagraph may not delegate the authority to make a request referred
to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority to
make a request under that subparagraph shall take appropriate actions
in advance to ensure that delegation of such authority is clearly
established in the event such official is disabled or otherwise
unavailable to make such request.
(2)
(A) If as a result of a request under paragraph (1) the Attorney
General determines not to approve an application under the second
sentence of subsection (a) of this section for purposes of making the
application under this section, the Attorney General shall provide
written notice of the determination to the official making the request
for the review of the application under that paragraph. Except when
disabled or otherwise unavailable to make a determination under the
preceding sentence, the Attorney General may not delegate the
responsibility to make a determination under that sentence. The
Attorney General shall take appropriate actions in advance to ensure
that delegation of such responsibility is clearly established in the
event the Attorney General is disabled or otherwise unavailable to
make such determination.
(B) Notice with respect to an application under subparagraph (A) shall
set forth the modifications, if any, of the application that are
necessary in order for the Attorney General to approve the application
under the second sentence of subsection (a) of this section for
purposes of making the application under this section.
(C) Upon review of any modifications of an application set forth under
subparagraph (B), the official notified of the modifications under
this paragraph shall modify the application if such official
determines that such modification is warranted. Such official shall
supervise the making of any modification under this subparagraph.
Except when disabled or otherwise unavailable to supervise the making
of any modification under the preceding sentence, such official may
not delegate the responsibility to supervise the making of any
modification under that preceding sentence. Each such official shall
take appropriate actions in advance to ensure that delegation of such
responsibility is clearly established in the event such official is
disabled or otherwise unavailable to supervise the making of such
modification.
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Just another albino black sheep
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